Ex Parte Davis - Page 10



          Appeal No. 2004-0184                                                        
          Application No. 09/837,824                                                  

              37 CFR § 1.196(b) also provides that the appellant, WITHIN              
          TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of              
          the following two options with respect to the new grounds of                
          rejection to avoid termination of proceedings (§ 1.197(c)) as to            
          the rejected claims:                                                        
                   (1) Submit an appropriate amendment of the claims                  
              so rejected or a showing of facts relating to the claims                
              so rejected, or both, and have the matter reconsidered                  
              by the examiner, in which event the application will be                 
              remanded to the examiner. . . .                                         
                   (2) Request that the application be reheard under                  
              § 1.197(b) by the Board of Patent Appeals and                           
              Interferences upon the same record. . . .                               















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